Serlis v. Serlis

Plaintiff, Shirlee Serlis, brought this action for divorce against defendant, Benjamin P. Serlis, alleging extreme cruelty and desertion. Defendant failed to answer. After entry of default, an interlocutory judgment of divorce in favor of plaintiff was entered on October 6, 1960.

On March 17, 1961, defendant noticed a motion under section 473 of the Code of Civil Procedure to set aside the entry of default and the judgment and for leave to file an answer and cross-complaint “on the ground that said default was entered and said interlocutory judgment was taken against defendant through his…